Notice of Meeting

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Heritage Panel Meeting

A Heritage Panel Meeting of Byron Shire Council will be held as follows:

Venue

Conference Room, Station Street, Mullumbimby

Date

Thursday, 17 June 2021

Time

11.30am

 

 

 

 

 

Shannon Burt  

Director Sustainable Environment & Economy                                        I2021/1024

                                                                                                                             Distributed 10/06/21

 

 


CONFLICT OF INTERESTS

What is a “Conflict of Interests” - A conflict of interests can be of two types:

Pecuniary - an interest that a person has in a matter because of a reasonable likelihood or expectation of appreciable financial gain or loss to the person or another person with whom the person is associated.

Non-pecuniary – a private or personal interest that a Council official has that does not amount to a pecuniary interest as defined in the Code of Conduct for Councillors (eg. A friendship, membership of an association, society or trade union or involvement or interest in an activity and may include an interest of a financial nature).

Remoteness – a person does not have a pecuniary interest in a matter if the interest is so remote or insignificant that it could not reasonably be regarded as likely to influence any decision the person might make in relation to a matter or if the interest is of a kind specified in the Code of Conduct for Councillors.

Who has a Pecuniary Interest? - a person has a pecuniary interest in a matter if the pecuniary interest is the interest of the person, or another person with whom the person is associated (see below).

Relatives, Partners - a person is taken to have a pecuniary interest in a matter if:

·                The person’s spouse or de facto partner or a relative of the person has a pecuniary interest in the matter, or

·                The person, or a nominee, partners or employer of the person, is a member of a company or other body that has a pecuniary interest in the matter.

N.B. “Relative”, in relation to a person means any of the following:

(a)  the parent, grandparent, brother, sister, uncle, aunt, nephew, niece, lineal descends or adopted child of the person or of the person’s spouse;

(b)  the spouse or de facto partners of the person or of a person referred to in paragraph (a)

No Interest in the Matter - however, a person is not taken to have a pecuniary interest in a matter:

·                If the person is unaware of the relevant pecuniary interest of the spouse, de facto partner, relative or company or other body, or

·                Just because the person is a member of, or is employed by, the Council.

·                Just because the person is a member of, or a delegate of the Council to, a company or other body that has a pecuniary interest in the matter provided that the person has no beneficial interest in any shares of the company or body.

Disclosure and participation in meetings

·                A Councillor or a member of a Council Committee who has a pecuniary interest in any matter with which the Council is concerned and who is present at a meeting of the Council or Committee at which the matter is being considered must disclose the nature of the interest to the meeting as soon as practicable.

·                The Councillor or member must not be present at, or in sight of, the meeting of the Council or Committee:

(a)     at any time during which the matter is being considered or discussed by the Council or Committee, or

(b)     at any time during which the Council or Committee is voting on any question in relation to  the matter.

No Knowledge - a person does not breach this Clause if the person did not know and could not reasonably be expected to have known that the matter under consideration at the meeting was a matter in which he or she had a pecuniary interest.

Non-pecuniary Interests - Must be disclosed in meetings.

There are a broad range of options available for managing conflicts & the option chosen will depend on an assessment of the circumstances of the matter, the nature of the interest and the significance of the issue being dealt with.  Non-pecuniary conflicts of interests must be dealt with in at least one of the following ways:

·                It may be appropriate that no action be taken where the potential for conflict is minimal.  However, Councillors should consider providing an explanation of why they consider a conflict does not exist.

·                Limit involvement if practical (eg. Participate in discussion but not in decision making or vice-versa).  Care needs to be taken when exercising this option.

·                Remove the source of the conflict (eg. Relinquishing or divesting the personal interest that creates the conflict)

·                Have no involvement by absenting yourself from and not taking part in any debate or voting on the issue as of the provisions in the Code of Conduct (particularly if you have a significant non-pecuniary interest)

RECORDING OF VOTING ON PLANNING MATTERS

Clause 375A of the Local Government Act 1993 – Recording of voting on planning matters

(1)  In this section, planning decision means a decision made in the exercise of a function of a council under the Environmental Planning and Assessment Act 1979:

(a)  including a decision relating to a development application, an environmental planning instrument, a development control plan or a development contribution plan under that Act, but

(b)  not including the making of an order under that Act.

(2)  The general manager is required to keep a register containing, for each planning decision made at a meeting of the council or a council committee, the names of the councillors who supported the decision and the names of any councillors who opposed (or are taken to have opposed) the decision.

(3)  For the purpose of maintaining the register, a division is required to be called whenever a motion for a planning decision is put at a meeting of the council or a council committee.

(4)  Each decision recorded in the register is to be described in the register or identified in a manner that enables the description to be obtained from another publicly available document, and is to include the information required by the regulations.

(5)  This section extends to a meeting that is closed to the public.


BYRON SHIRE COUNCIL

BUSINESS OF MEETING

 

1.    Apologies

2.    Declarations of Interest – Pecuniary and Non-Pecuniary

3.    Adoption of Minutes from Previous Meetings

3.1       Minutes from Previous Meeting held on 18 March 2021......................................... 5

 

4.    Staff Reports

Sustainable Environment and Economy

4.1       Heritage Panel Member Updates.............................................................................. 12

4.2       Heritage Program Update........................................................................................... 14

4.3       Discussion Piece - Heritage Act Review and Discussion Paper.......................... 26

4.4       Legislative framework for heritage items in NSW................................................... 30     

 

 


BYRON SHIRE COUNCIL

Adoption of Minutes from Previous Meetings                                                   3.1

Adoption of Minutes from Previous Meetings

 

Report No. 3.1       Minutes from Previous Meeting held on 18 March 2021 

Directorate:                         Sustainable Environment and Economy

Report Author:                   Noreen Scott, EA Sustainable Environment and Economy

File No:                                 I2021/1023

 

  

 

RECOMMENDATION:

That the minutes of the Heritage Panel Meeting held on 18 March 2021 be confirmed.

 

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Attachments:

 

1        Minutes of Heritage Panel Meeting 18 March 2021, E2021/65659 , page 7  

 


 

Report

 

The attachment to this report provides the minutes of the Heritage Panel Meeting of 18 March 2021 . 

 

Report to Council

 

The minutes were reported to Council on 27 May 2021

Comments

 

In accordance with the Committee Recommendations, Council resolved the following:

21-229 Resolved that Council notes the minutes of the Heritage Panel Meeting held on 18

March 2021.

 


BYRON SHIRE COUNCIL

Adoption of Minutes from Previous Meetings                                         3.1 - Attachment 1

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BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                                        4.1

 

 

Staff Reports - Sustainable Environment and Economy

 

Report No. 4.1             Heritage Panel Member Updates

Directorate:                 Sustainable Environment and Economy

Report Author:                     Chris Larkin, Manager Sustainable Development

Nancy Tarlao, Planner

File No:                        I2021/773

                                       

 

 

Summary:

 

The nominated Heritage Panel members are invited to provide a brief update on matters and activities undertaken by their respective group / organisation relevant to the Panel and its terms of reference.

  

 

RECOMMENDATION:

That the Heritage Panel notes the member updates.    

 

 

 

 

REPORT

 

Member representatives from nominated Historical Societies, Arakwal, Aboriginal Land Councils and community are invited to provide a brief update to the Panel on matters and activities undertaken by their group / organisation relevant to the Panel and its terms of reference. (These updates should be 10 minutes maximum).

 

The Panel Terms of Reference are as follows:

 

STRATEGIC CONSIDERATIONS

 

Community Strategic Plan and Operational Plan

 

 

CSP Objective

L2

CSP Strategy

L3

DP Action

L4

OP Activity

Community Objective 2: We cultivate and celebrate our diverse cultures, lifestyle and sense of community

2.5

Encourage community appreciation of cultural vitality and diversity

2.5.2

Recognise and support the heritage of Byron Shire

2.5.2.1

Administer the Heritage Advisory Panel

 

 

Legal/Statutory/Policy Considerations

Nil

 

Financial Considerations

Nil

 

Consultation and Engagement

N/A


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                             4.2

Report No. 4.2       Heritage Program Update

Directorate:                         Sustainable Environment and Economy

Report Author:                   Chris Larkin, Manager Sustainable Development

Nancy Tarlao, Planner

File No:                                 I2021/774

Summary:

This report provides an update on the status of (certain) heritage program actions progressed this financial year.

  

 

 

RECOMMENDATION:

That the Heritage Panel notes the heritage program update report as presented by staff.

 

Attachments:

 

1        Heritage Advisors Annual Report 2020-2021, E2021/78238 , page 19  

 

 

Report

Heritage Advisory service

 

Attached to the report is the Heritage Advisor’s annual report 2021-2021 as submitted to the Office of Environment and Heritage for grant acquittal purposes.

 

Byron Shire Local Places Heritage Grants 2020-21

As part of the annual Local Places Grants program two projects were completed: one for the Byron Community Centre, the other for the Old Masonic Hall at Bangalow.

Byron Community Centre window hood replacement and façade maintenance

 

           

 

 

Old Masonic Hall tree removal, façade maintenance and window repairs

Local Environmental Plan amendments to list new heritage items

Various resolutions are being actioned separately.  Most are in consultation stage with the landowner and OEH. Further report/s to Council for formal consideration will follow as required by the process.

Brunswick Heritage Conservation Area

In response to  NOM 9.1 Brunswick Heads Heritage Conservation at the Planning Meeting 11 February 2020, Council’s Heritage Advisor has been engaged to undertake:

·    Research of historical and other background information and early photographs for contextual history

·    Liaison and meetings with Brunswick Valley Historical Society, Brunswick Heads Progress Association, Chamber of Commerce and local community members as available.

·    Preparation of a detailed report consistent with the Guidelines ‘Assessing Heritage Significance’ by NSW Heritage Office 2001 for inclusion in a formal Planning Proposal to be prepared by BSC.

This work has been progressed and a verbal update is to be provided by Council staff at the Panel Meeting.

 Strategic Considerations

Community Strategic Plan and Operational Plan

 

CSP Objective

L2

CSP Strategy

L3

DP Action

L4

OP Activity

Community Objective 2: We cultivate and celebrate our diverse cultures, lifestyle and sense of community

2.5

Encourage community appreciation of cultural vitality and diversity

2.5.1

Ensure Aboriginal and other cultural heritage management reflects legislative requirements as well as community expectations and values

2.5.1.1

Scope Aboriginal Cultural Heritage Management Project

 

Community Objective 2: We cultivate and celebrate our diverse cultures, lifestyle and sense of community

2.5

Encourage community appreciation of cultural vitality and diversity

2.5.2

Recognise and support the heritage of Byron Shire

2.5.2.1

Coordinate the Heritage Advisory Panel

 

Community Objective 2: We cultivate and celebrate our diverse cultures, lifestyle and sense of community

2.5

Encourage community appreciation of cultural vitality and diversity

2.5.2

Recognise and support the heritage of Byron Shire

2.5.2.2

Conduct the Local Heritage Places Grant Program

 

Legal/Statutory/Policy Considerations

N/A

Financial Considerations

N/A

Consultation and Engagement

N/A


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                      4.2 - Attachment 1

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BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                             4.3

Report No. 4.3       Discussion Piece - Heritage Act Review and Discussion Paper

Directorate:                         Sustainable Environment and Economy

Report Author:                   Chris Larkin, Manager Sustainable Development

Nancy Tarlao, Planner

File No:                                 I2021/775

Summary:

On 7 April 2021, the NSW Government announced a major review of the Heritage Act 1977 (‘the Act‘).

This review is the first since 2007. Major reforms to the Act have not been made since 1999.

 

  

 

 

RECOMMENDATION:

That the Heritage Panel notes the discussion piece Heritage Act Review and Discussion Paper.

 


 

Report

On 7 April 2021, the NSW Government announced a major review of the Heritage Act 1977 (‘the Act‘).

This review is the first since 2007. Major reforms to the Act have not been made since 1999.

The intention of the review is to make heritage properties ‘easier, more affordable and more desirable to own‘.  It is governed by three key themes:

·      making heritage easier by making ownership and administration simple and cost effective;

·      making heritage a viable opportunity for economic growth, employment and community enjoyment; and

·      making heritage relevant by reviewing the objectives of the Act.

The review will report on the effectiveness of the Act and the State’s heritage regulatory system. This will lay the foundations of a Government White Paper and a proposed new heritage law.

Heritage NSW has prepared a discussion paper as the first stage of the review. It states the key question as follows:

[W]hat sort of regulatory model would facilitate the preservation, activation, and celebration of our State’s heritage?

Reform Proposals

The discussion paper breaks this down into 19 focus questions. These cover a wide range of issues including Aboriginal cultural heritage, environmental planning, enforcement, the listing process and the categories for listing of heritage items, and ways to incentivise the ownership, activation, and adaptive reuse of heritage items.

Some of the identified reform proposals include:

·      the introduction of a set of four heritage listing categories, being heritage of exceptional and iconic value, State significant heritage landscapes, State significant heritage, and local heritage;

·      the introduction of a community-driven nomination process;

·      a process of periodic review and amendment of listed items aimed at addressing site changes and ensuring the site’s full significance is protected, and an ‘abridged‘ delisting process which may be used where an item has been destroyed (for example, by bushfire or flood);

·      the introduction of standard exemptions, fast-track applications, and standard applications for permits to undertake work to a heritage item; and

·      the power to issue penalty notices if there is a non-compliance with heritage requirements for listed items and the introduction of investigative powers to enable Heritage NSW to gather sufficient evidence to prove an offence under the Act.

No changes are proposed to be made to the listing of items of local heritage significance under councils’ local environmental plans.

Review Process

The review will be undertaken in Parliament by the NSW Legislative Council’s Social Issues Standing Committee. The Committee is expected to announce the process for review presently, including how stakeholders and the general public will be able to participate and make submissions.

You can find out more about the review from Heritage NSW by following this link.

Strategic Considerations

Community Strategic Plan and Operational Plan

 

CSP Objective

L2

CSP Strategy

L3

DP Action

L4

OP Activity

Community Objective 2: We cultivate and celebrate our diverse cultures, lifestyle and sense of community

2.5

Encourage community appreciation of cultural vitality and diversity

2.5.2

Recognise and support the heritage of Byron Shire

2.5.2.1

Coordinate the Heritage Advisory Panel

 

Legal/Statutory/Policy Considerations

N/A

Financial Considerations

N/A

Consultation and Engagement

N/A


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                             4.4

Report No. 4.4       Legislative framework for heritage items in NSW

Directorate:                         Sustainable Environment and Economy

Report Author:                   Nancy Tarlao, Planner

Chris Larkin, Manager Sustainable Development

File No:                                 I2021/966

Summary:

This report provides the Panel members with a presentation regarding the legislative framework that applies to heritage items in NSW as requested at the previous meeting 18 March 2021.

 

  

 

RECOMMENDATION:

That the Heritage Panel notes the presentation update provided on the legislative framework that applies to heritage items in NSW.

 

 

 

 

 


 

Report

Local government responsibility for heritage management is contained within two acts – the Heritage Act 1977 and the Environmental Planning and Assessment Act (EP&A) 1979.

Together, they establish the legislative framework for heritage management in New South Wales.

Heritage Act 1977

The NSW Heritage Act 1977 provided the first systematic means of protecting heritage in the State. It was drafted in response to community concern over the loss of items in the 1970s.

Under the Heritage Act 1977 the Minister, on the recommendation of the Heritage Council, can place Interim Heritage Orders on items, places and areas, which on further investigation may be found to be of State or local significance and are under threat.

An Interim Heritage Order provides temporary protection from demolition or mismanagement. Places found to be of State significance and listed on the State Heritage Register are required to have ongoing conservation.

The consent of the Heritage Council must be obtained before development of the item, place or area can be carried out.

The Act also requires that an excavation permit be obtained before any relic can be disturbed, whether or not a conservation order is in place. Interim Heritage Orders are commonly used in emergency situations where urgent protection of items, places and areas is needed.

Under the Act, state government agencies have the same obligations as private owners of heritage items, places and areas, and must list them in a conservation register as a requirement of section 170 of the Heritage Act. Items of State significance in state government ownership are also listed on the State Heritage Register.

The Heritage Act 1977 provides that the owner of a building, work or relic, listed, or located in a precinct, listed on the State Heritage Register, must ensure that the building, work or relic is maintained and repaired to the minimum standards imposed by the regulations.

 The standards cover the following matters: a) the protection of the building, work or relic from damage or deterioration due to the weather (including such matters as the weatherproofing of roof, doors and windows) b) the prevention of, and the protection of the building, work or relic from destruction by fire c) security (including fencing and surveillance measures to prevent vandalism) d) essential maintenance and repair (being maintenance and repair necessary to prevent serious or irreparable damage or deterioration).

Under the Heritage Act 1977 the Heritage Council can issue an order to the owner of a building, work or relic listed on the State Heritage Register, if it is not being maintained or repaired in accordance with the minimum standards imposed by the regulations. There are significant penalties for owners who fail to meet these standards; they are: • the land on which the building, work or relic is situated may be resumed • no development or use of the land shall occur for up to ten years, other than the conservation of the building or work • no development or use of the land shall occur, other than development or use of the building envelope, at the time that the order was served.

Environmental Planning and Assessment Act 1979

Under the Environmental Planning and Assessment Act 1979 councils may prepare local environmental plans which incorporate standard heritage provisions and which contain schedules of items and places of heritage significance, previously identified through a heritage study process.

The provisions relate to items and places listed in a schedule, as well as unlisted items and places located in the area.

The provisions perform a number of functions, they: • set out any requirements that council has for development that involves listed and unlisted items • identify the protocol to be followed by a council when it assesses a proposal • identify any incentives that council may offer. Heritage items may also be identified in State Environmental Planning Policies and Regional Environmental Plans.

Development consent must be obtained from the local council for work that may impact on the heritage significance of items listed. Council must also take into account the impact of a proposal on the heritage significance of an item, before making a decision about it.

Councils also prepare development control plans to specify more detailed management policies for those items and places listed in the schedule of a local environmental plan.

These, together with any other heritage issues, must be considered by the council when assessing development applications, as required by section 4.15 (Matters for Consideration) of the Environmental Planning and Assessment Act 1979.

State Heritage Register

The State Heritage Register is a list of items of particular importance to the people of New South Wales. It includes items important to specific groups in the community such as Aboriginal communities, religious groups, or people with a common ethnic background.

The State Heritage Register was created in 1999 and includes items and places in public and private ownership. Items are only listed on the Register when the Minister agrees to the Heritage Council’s recommendation that they are of State heritage significance.

The process of listing items and places allows for a high level of owner and community comment.

Listing protects and conserves the items and places because approval for alteration, damage, demolition and development must be obtained from the Heritage Council under section 60 or section 140 of the Heritage Act 1977, before the commencement of any work. The Minister may direct that an item be removed from the State Heritage Register if he considers that the item concerned is not of State significance and the Heritage Council recommends its removal. The procedure for removal of a listing is the same as the procedure for listing. See link below for more information.

State Heritage Register items | Heritage NSW

Financial Implications

Not applicable.

Statutory and Policy Compliance Implications

As discussed in the report.